Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breach of condition of stay (s41 immigration ordinance)
  • 7 Nov 2002

    HKSAR v. CHONG KWUN WAH

    Citation
    HKSAR v. CHONG KWUN WAH
    Court
    Court of Appeal
    Case number
    CACC63/2002

    Leave to appeal was refused because the applicant failed to present satisfactory, new or probative grounds: the allegations of police mistreatment were not raised at trial and lacked corroboration, the trial judge expressly rejected the applicant's account, post‑trial disclosure was minimal and not materially helpful, and the personal/family circumstances did not demonstrate any error in sentencing.

    • Handling stolen goods (s24 theft ordinance)
    • Breach of condition of stay (s41 immigration ordinance)
    • Leave to appeal
    • Fresh evidence/fresh allegations
    • Credibility findings
    • Sentencing